HomeMy WebLinkAbout7569RESOLUTION NO. 7569
A RESOLUTION APPROVING AMENDMENT NO. SIX TO CONTRACT DATED
FEBRUARY 24, 1992, BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND ISBILL ASSOCIATES, INC., RELATING TO FEDERAL
GRANT AIP PROJECT NO. 3 08 0046 13 FOR TAXIWAY "K" EXTENSION AND
REHABILITATIONS AT THE PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo, A Municipal Corporation, and Isbill Associates, Inc.
entered into a Contract on February 24, 1992, and
WHEREAS, both parties wish to amend the Contract to include fees for design and
engineering services relating to improvements at the Pueblo Memorial Airport,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO THAT:
SECTION 1
A certain Amendment No. Six to the Contract, a copy of which is attached hereto and made
part thereof by reference, after having been approved as to form by the City Attorney, by and
between the City of Pueblo, a Municipal Corporation, and Isbill Associates, Inc., relating to the
inclusion of fees for design and engineering services for Federal Grant AIP Project No. 3 08
0046 13 for Taxiway "K" Extension and Rehabilitation at the Pueblo Memorial Airport, is
hereby approved, subject to the conditions as set forth in said contract.
SECTION 2
Funds for said design and engineering services for this project shall be paid from the 34 fund
contingent upon the approval of the grant and the availability of matching funds.
SECTION 3
The President of the City Council is hereby authorized to execute said Amendment No. Six to
the Contract on behalf of Pueblo, A Municipal Corporation, and the City Clerk shall affix the
Seal of the City thereto and attest the same.
INTRODUCED FEBRUARY 27, 1995
BY JOHN CM IFANO
Councilperson
ATTEST: APPROVED:
City Clerk President of City Council
IAI No. PUB 1665
AIP PROJECT NO, 3 -08- 0046 -13
AMENDMENT NO. SIX TO CONTRACT
DATED FEBRUARY 24, 1992
BETWEEN
ISBILL ASSOCIATES, INC.
AND
CITY OF PUEBLO, COLORADO
The Sponsor and the Engineer agree to amend their contract for improvements to Pueblo
Memorial Airport, Pueblo, Colorado to include fees for engineering services. The improvement
Item No. 3 is included in the Scope of Work of the original contract. The items covered by this
amendment are described as follows:
3. Extend Taxiway "K" Including Lighting
(formerly Taxiway "H "); Rehabilitate Existing Portion of Taxiway "K"
The Sponsor agrees to pay the Engineer for the services listed under Article II of the original
contract in the following manner:
PART A - BASIC SERVICES
Item No. 3 .......... ............................... Lump Sum of $116,868.00
BIDDING AND CONSTRUCTION ADMINISTRATION
Item No. 3 ... ............................... Not Applicable to this Amendment
Method of payment shall be as follows:
Interim payments up to 90 percent based on work performed by the Engineer and
detailed in a report submitted to the Sponsor with the request for payment. The
remaining ten percent to be paid upon Notice to Proceed for construction.
PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/
TOPOGRAPHIC SURVEYS)
The maximum estimated SPECIAL SERVICES engineering is as follows:
SOILS AND PAVEMENT INVESTIGATIONS (FOR DESIGN)
Item No. 3 ............ ............................... Maximum of $16,700.00
TOPOGRAPHIC SURVEYS (FOR DESIGN)
Item No. 3 ........... ............................... Maximum of $22,165.00
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If work is abandoned or terminated after obtaining approval by the Sponsor and the
FAA of the final construction plans and specifications, the Sponsor shall reimburse up
to 100 percent of the total lump sum as listed under PART A and 100 percent of the
invoiced costs for soils and pavement investigations and topographic surveys listed
under PART B.
FIELD ENGINEERING
The Engineer shall be reimbursed on a Cost Plus Fixed Fee Basis. The Engineer's costs
shall be determined on the basis of time (i.e., the number of hours worked), multiplied
by the Engineer's standard hourly rates for each applicable employee classification, plus
direct non - hourly expenses including labor, overhead, and general administrative costs.
Overhead costs are based on the most recent audit on the Engineer's records. See
attached page for hourly rates and billing procedure.
The estimated maximum for FIELD ENGINEERING is:
For Item No. 3 ........................ Not Applicable to this Amendment
Method of payment shall be as follows:
For services rendered under PART B - SPECIAL SERVICES, the Sponsor agrees to make
monthly payments based upon the work performed by the Engineer less 10 percent. The
final 10 percent of the fee shall be due and payable when the project final inspection
and the construction report have been completed, and when reproducible "Record
Drawings" have been submitted to the Sponsor and when the revised Airport Layout
Plan has been approved by the FAA. The "Record Drawings" and Construction Report
shall be submitted within a period of 90 days from end of construction period. This
Amendment shall be considered concurrent with completion of audit.
Title VI Assurances. During the performance of this contract, the Engineer, for itself,
its assignees and successors in interest agrees as follows:
1. Compliance with Regulations. The Engineer shall comply with the Regulations
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as
they may be amended for time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The Engineer, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of lower tier Subcontractors, including
procurement of materials and leases of equipment. The Engineer shall not participate
either directly or indirectly in the discrimination prohibited by section 21.5 of the
Regulations, including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made by
the Engineer for work to be performed under a subcontract, including procurement of
materials or leases of equipment, each potential lower tier Subcontractor or supplier
shall be notified by the Engineer of the Engineer's obligations under this contract and
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the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports. The Engineer shall provide all information and
reports required by the Regulations of directives issued pursuant thereto and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal Aviation Administration
(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a Engineer is in the exclusive
possession of another who fails or refuses to furnish this information, the Engineer
shall so certify to the Sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with
the nondiscrimination provisions of this contract, the Sponsor shall impose such
contract sanctions as it or the FAA may determine to be appropriate, including, but not
limited to:
a. Withholding of payments to the Engineer under the contract until the
Eingineer complies, and /or
b. cancellation, termination, or suspension of the contract, in whole or in
part.
6. Incorporation of Provisions. The Engineer shall include the provisions of
paragraphs I through 5 in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations of directives issued pursuant
thereto. The Engineer shall take such action with respect to any subcontract or
procurement as the Sponsor or the FAA may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the event
the Engineer becomes involved in, or is threatened with, litigation with a lower tier
Subcontractor or supplier as a result of such direction, the Engineer may request the
Sponsor to enter into such litigation to protect the interests of the Sponsor and, in
addition, the Engineer may request the United States to enter into such litigation to
protect the interests of the United States.
General Civil Rights Provisions. The Engineer assures that it will comply with
pertinent statutes, Executive orders and such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap
be excluded from participating in any activity conducted with or benefiting from
Federal assistance. This provision obligates the Engineer or its transferee for the period
during which Federal assistance is extended to the Airport for a program, except where
Federal assistance is to provide, or is in the form of personal property or real property
or interest therein or structures or improvements thereon. In these cases the provision
obligates the party or any transferee for the longer of the following periods: (a) the
period during which the property is used by the airport Sponsor or any transferee for
a purpose for which Federal assistance is extended, or for another purpose involving
the provision of similar services or benefits or (b) the period during which the airport
Sponsor or any transferee retains ownership or possession of the property. In the case
of Engineer, this provision binds the Engineer from the bid solicitation period through
the completion of the contract.
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Inspection of Records. The Engineer shall maintain an acceptable cost accounting
system. The Sponsor, the FAA, and the Comptroller General of the United States shall
have access to any books, documents, papers, and records of the Engineer which are
directly pertinent to the specific contract for the purposes of making an audit,
examination, excerpts, and transcriptions. The Engineer shall maintain all required
records for three years after the Sponsor makes final payment and all other pending
matters are closed.
Rights to Inventions. All rights to inventions and materials generated under this
contract are subject to regulations issued by the FAA and the Sponsor and Sponsor of
the Federal grant under which this contract is executed. Information regarding these
rights is available from the FAA and the Sponsor.
Breach of Contract Items. Any violation or breach of the terms of this contract on the
part of the Engineer may result in the suspension or termination of this contract or such
other action which may be necessary to enforce the rights of the parties of this
agreement.
Disadvantaged Business Enterprises (DBE). It is the policy of the Department of
Transportation that disadvantaged business enterprise as defined in 49 CFR Part 23
shall have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement. Consequently,
the DBE requirements of 49 CFR Part 23 apply to this agreement.
DBE Obligation. The recipient or its Sponsor and Engineer agrees to ensure that
disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal.funds provided under this agreement. In this regard all recipients or
Sponsors and Engineers shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts. Recipients and their Sponsors and
Engineers shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT - assisted contracts.
Trade Restriction Clause. The Engineer, by submission of an offer and /or execution
of a subcontract, certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this
project with a person that is a citizen or national of a foreign country on said list, or
is owned or controlled directly or indirectly by one or more citizens or nationals of a
foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any
product for use on the project that is produced in a foreign county on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to an Engineer who is
unable to certify to the above. If the Engineer knowingly procures or subcontracts for
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f � s
the supply of any product or service of a foreign country on said list for use on the
project, the Federal Aviation Administration may direct through the Sponsor
cancellation of the contract at no cost to the Government.
Further, the Engineer agrees that, if awarded a contract resulting from this solicitation,
it will incorporate this provision for certification without modification in each contract
and in all lower tier subcontracts. The Engineer may rely on the certification of a
prospective lower tier Subcontractor unless it has knowledge that the certification is
erroneous.
The Engineer shall provide immediate written notice to the Sponsor if the Engineer
learns that its certification or that of a lower tier Subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The Engineer
agrees to provide written notice if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed
when making the award. If it is later determined that the Engineer knowingly rendered
an erroneous certification, the Federal Aviation Administration may direct through the
Sponsor cancellation of the contract or subcontract for default at no cost to the
Government.
Nothing contained in the foregoing shall be constructed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a Engineer is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
The Engineer certifies, by submission of this proposal or acceptance of this contract,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by submitting this
proposal that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. Where the Engineer
or any lower tier participant is unable to certify to this statement,it shall attach an
explanation to this solicitation /proposal.
Termination of Contract.
1. The Sponsor may, by written notice, terminate this contract in whole or in part
at any time, either for the Sponsor convenience or because of failure to fulfill the
contract obligations. Upon receipt of such notice services shall be immediately
discontinued (unless the notice directs otherwise) and all materials as may have been
accumulated in performing this contract, whether completed or in progress, delivered
to the Sponsor.
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2. If the termination is for the convenience of the engineer an equitable adjustment
in the contract price shall be made, but no amount shall be allowed for anticipated
profit on unperformed services.
3. If the terminations due to failure to fulfill the Engineer's obligations, the
Sponsor may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional
cost occasioned to the Sponsor thereby.
4. If, after notice of termination for failure to fulfill contract obligations,it is
determined that the contractor had not so failed, the termination shall be deemed to
have been effected for the convenience of the Sponsor. In such event, adjustment in the
contract price shall be made as provided in paragraph 2 of this clause.
5. The rights and remedies of the Sponsor provided in this clause are in addition
to any other rights and remedies provided by law or under this contract.
All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures this
27th day of FEBRUARY 19 95
SPONSOR:
CITY OF PUEBLO
PUEBLO, OLORADO
G
President, City Council
Attest �� i. 4""l
CITY CLERK
ENGINEER:
ISBILL ASSOCIATES, INC.
l
By
President
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